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On 27 May 2025, the Conveyancing and Real Property Amendment Bill 2025 (the “Bill”) was introduced in the Parliament. The Bill seeks to amend the Conveyancing Act 1919, the Real Property Act 1900, and their corresponding regulations.
The Bill aims to address the following aspects:
- clarifying regulation-making powers and shifting certain requirements to the lodgement rules to allow for more flexibility;
- amending the definition of “option” in the Conveyancing Act to expressly capture put option, as a response to the loophole found in the Supreme Court decision of BP7 Pty Ltd v Gavancorp Pty Ltd;
- expanding the types of interests that may be released by way of a section 88B instrument to include those interests imposed by a local council or utility providers;
- updating service of notices requirements and access to land title data section in the Real Property Act to reflect modern electronic communication and search methods.
The Bill focuses on streamlining the administrative and procedural aspects of conveyancing transactions and modernising the legislations accommodate current and future technological developments.
BAGL will continue to monitor the progress on this Bill and provide further updates.
© Bugden Allen Group Legal Pty Ltd. This is general information only and not legal advice. You should not rely on this information without seeking legal advice tailored to your specific circumstances.
